Missouri-Kansas-Texas Railroad Company v. Franks

GRISSOM, Chief Justice.

Robert Lee Franks sued Missouri-Kansas-Texas Railroad Company for damages sustained in the derailment of a railroad car. Judgment was rendered for Franks and the defendant has appealed.

Franks’ allegation of injury was merely that he suffered "serious and probably permanent bodily injuries.” This allegation was excepted to, among other things, because it did not apprise the defendant of the nature of the injury claimed. Appellee’s allegation of negligence was simply that his injury “resulted from the negligence and carelessness of the defendant.” That allegation was…